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Data insight1 min readEx parte reexamination

Ex parte reexamination requests about doubled in Fiscal Year 2026.

Our count of USPTO records shows 1,025 ex parte reexamination requests filed in Fiscal Year 2026. The Office’s own series shows 491 the year before. The two counts are built differently, so read the jump as roughly double, not exactly.

~2×ex parte reexamination requests, FY2026 against FY2025, on the two counts available.

Before you read

How many ex parte reexamination requests were filed in FY2025, by the USPTO’s own count?

Part 1 of 3

Twice as many

Ex parte reexamination is the Office’s older way to re-review a patent: anyone can file a request, and an examiner decides whether it raises a substantial new question of patentability. Filings jumped in FY2026, which ran from October 1, 2025 to September 30, 2026.

Ex parte reexamination requests filed

FY2025USPTO’s official series
491
FY2026Our count of Open Data Portal records, by filing date, pulled Oct 14, 2026
1,025

Different bases: the FY2025 figure is the Office’s; the FY2026 figure is ours. 1,025 ÷ 491 ≈ 2.1.

Source

Part 2 of 3

Two rulers

The comparison uses the best figure available for each year, and they aren’t the same kind of count. That is why the headline says “about.”

Reading the jump

The tempting reading

Reexam requests exactly doubled, from 491 to 1,025.

The USPTO’s official FY2026 reexamination total had not been published as of October 16, 2026.

The calendar year tells the same story. Our count shows 751 requests filed from January 1 to October 14, 2026. Recent weeks are probably undercounted, because filed requests can take time to appear in the Open Data Portal.

Part 3 of 3

What it means

  • Expect more reexamination requests, including after a failed IPR. Watch for service of a request: the pre-order paper deadline is 30 days.
  • Know the new rules: the pre-order paper (since April 2026) and the certification for anonymous requests after an IPR or PGR decision.

The takeaway

Plan for reexamination as a mainstream challenge, and count carefully when you compare years.

Sources

  1. S50USPTO, Ex Parte Reexamination Filing Data, September 30, 2025. Data source ↗
  2. S53USPTO Open Data Portal: patent file-wrapper records for ex parte reexamination (90/ control numbers) and PTAB trial status, as pulled by PostGrantProceeding on Oct. 14 and 15, 2026. Data source ↗

Not yet confirmed

  • The USPTO’s official FY2026 reexamination total had not been published as of October 16, 2026.

Each item is marked in the story with a dashed outline. We update the story when the official record confirms or corrects it.

Precedential decisions bind the Board within their designated scope. Informative decisions show the Office’s reasoning but do not bind the Board. Court opinions are cited for what they decided; later history was checked on the date shown above.

Changes (4)
  • Headline carries the caveat (Muse): “about doubled,” on two different bases.
  • FY2025 figure (491) re-checked against the USPTO’s Ex Parte Reexamination Filing Data, Sept 30, 2025. The original attributed it to “the CRU revised series as carried on the site.”
  • Internal file paths removed from the sources; the FY2026 count is attributed to PostGrantProceeding’s pull of USPTO Open Data Portal records.
  • Unified Patents share figures left out, as in the original, because they measure a different population.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
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